MIYOMALLOWS

NOTES. WILLS AND SUCCESSION. MID TERMS. ATTY. TURINGAN. 1st 2017-2018

CASES (KEYPHRASES FOR EASY MEMORIZATION):
1. Suroza v. Honrado:
Language of the will should be known by the 10. Reyes v. Barretto-Datu:
testator. There is no preterition if the heir is given
testamentary disposition, even if it be less
2. Barut v. Cabacungan: than her legitime.
Requirement for Agent: Remedy: May demand the full legitime.
1. Agent must write the name of the
testator by hand 11. Nuguid v. Nuguid:
2. Advisable if the agent write also his name If compulsory heir in the direct line are
preterited and the free portion has been
3. Javalleana v. Ledesma: distributed, the annulment of heir will in
The law does not require that execution and effect annul the institution. (The sister
acknowledgement be done at the same cannot be a universal heir, need magbigay sa
occasion. parents ni Rosa).

4. Garcia v. Vasquez: 12. De La Cerna v. Rebeca-Potot:
Additional requirements for the a blind A joint will is executed by a husband and
testator (art. 808) wife, husband died first. Followed by the
wife. First probate is only valid on the share
5. Caneda v. CA: of the husband. It cannot be applied to the
Language of the attestation clause need not wife because she was still alive. Her
to be known by the nor to the attesting properties will pass by intestacy.
witnesses.
13. PCIB v. Escolin:
6. Cruz v. Villasor: Spouses executed reciprocal wills – conjugal
Notary Public cannot be a witness to a will, assets will pass to the surviving spouse and
except there are more than 3 witnesses. any residue shall pass to the brothers and
sisters of the spouse who died first. Wife
7. Gan v. Yap and Rodelas v. Aranza: died, husband became sole heir but did not
In Gan v. Yap: GR: The will must be liquidate. Husband died. There was no
presented. fideicommissary substitution because the
Exception is in Rodelas v. Aranza: If there is second requisite is absent.
an existing copy or duplicate photostatic
Xerox, it can be presented. 14. Chua v. CFI:
Requisites for Reserva Troncal:
8. Gago v. Mamuyac: 1. Property was acquired by a person from
Revocation of the testator: an ascendant or from a brother or sister
Absence of competent evidence to the by gratuitous title
contrary, the will was cancelled or destroyed 2. Said person died without legitimate issue
by the testator. 3. Property is inherited by another
ascendant by operation of law
9. Uson v. Del Rosario: 4. There are relatives within the third
Law applicable is the one at the point of degree belonging to the line from which
death. said property came.
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MIYOMALLOWS NOTES. WILLS AND SUCCESSION. MID TERMS. ATTY. TURINGAN. 1st 2017-2018

15. Florentino v. Florentino: 4. Attested and subscribed by at least 3
Representation only in favor of nephews and credible witnesses in the testator’s presence
nieces of deceased brothers and sisters the and of one another
prespositus. 5. Testator, Agent and Witnesses must sign
every page except the last page, on the left
16. Kalaw v. Relova: margin
A change done by cancellation and putting in 6. All pages must be numbered in letters on the
a new name, without the full signature is not upper part of the page
valid. 7. It must be attested by all the witnesses
8. It must be notarized

ARTICLE 793: ATTESTATION CLAUSE SAMPLE:
Property acquired after the making of a will shall “We, the undersigned attesting witness, do hereby
pass only thereby, as if the testator had possessed it affirm, that the foregoing is the last Will and
at the time of the making the will, should it expressly Testament of _____________________, and we
appear by the will that such was his intention. certify that the testator executed this document
while of soundmind and memory, that the testator,
WHAT CAN BE DESIGNATED TO A 3RD PERSON? has published unto us the foregoing will consisting
GR: Duration or efficacy of the disposition, of _____ pages numbered correlatively in letters on
designation of the heir legatee and devisee, and the upper part of each page and has signed the same
determination of the portion cannot be left to the at the bottom of the last page and on the left margin
3rd person. of each and every page. In our joint presence, and
XPN: Testator indicated specific amount of property we in turn, at his request have witnessed and signed
and the cause or classes of property. the same on each and every page thereof, on the left
margin. In the presence of the testator and in the
EXTRINSIC VALIDITY OF A WILL presence of each and all of us.
It deals with the form of the will and its due
execution. It determines: __________________
1. Whether the instrument is truly the Name and Residence of W1
decedent’s last will __________________
2. Whether it complies with the formalities Name and Residence of W2
prescribed by law __________________
3. Whether the testator had testamentary Name and Residence of W3
capacity at the time he executed the will
4. Whether the testator voluntarily executed MODIFICATION OF HOLOGRAPHIC WILL
the will. Art. 814: Any insertion, cancellation, erasure or
alteration in a holographic will, the testator must
REQUISITES OF A VALID NOTARIAL WILL authenticate the same by his full signature.
1. In writing
2. Written in a language known by the testator REVOCATION OF A WILL
3. Signed by the testator or his agent – in his The will can be revoked in three ways (ICP)
presence and by his express direction at the 1. Implication of Law
end and in the presence of the witnesses 2. Will, Codicil, or other writing executed as
provided in case of wills

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MIYOMALLOWS NOTES. WILLS AND SUCCESSION. MID TERMS. ATTY. TURINGAN. 1st 2017-2018

3. Burning, tearing, cancelling, or obliterating 5. Legitimate Parents (2) – 1/2 (shared equally)
the will. (Physical destruction) SS – 1/8
*Elements: Corpus and Animus (Both must 1 Illegitimate Child – ¼
be present) 6. Legitimate Parents (2) – ½
3 Illegitimate Children – ¼ (shared equally)
7. Illegitimate Parents (2) – none
INSTITUTION OF HEIRS: Illegitimate Child (3) – ½ shared equally
1. By name or surname 8. Adopted Child (1) – ½
2. If 2 persons share the same names: must Legitimate Parents (2) – none
indicate some circumstance to be known 9. SS – 1/3
3. If there’s error: it shall not vitiate the 4 Illegitimate Children – 1/3 shared equally
institution 10. SS – ¼
If can’t be determined: none will inherit Illegitimate Children (4) – ½ of the share of
4. It can be a definite class or group leg. Child
Legitimate Children (2) – ½ shared equally
FIDUECOMMISSARY SUBSTITUTION 11. Illegitimate Parents (2) – ¼ shared equally
The fudiciary or fist heir instituted is entrusted with SS – ¼
the obligation to preserve and transmit to a second 12. Legitimate Children – ½ Shared equally
heir the whole or part of the inheritance, shall be SS – share equal to 1 leg. Child – ¼
valid and shall take effect provided such substitution Legitimate parents. – none
does not go beyond one degree from the heir 13. Adopted Child and 1 Leg. Child – ½ shared
originally instituted, and provide further, that the equally
fudiciary or first heir and second hair are living at the SS – ¼
time of the death of testator. 14. SS – ¼
Illegitimate parents – none
PRETERITION 1 Adopted child – ½
It occurs when one, or all, the compulsory heir in the 15. SS alone – ½
direct line receives nothing from the inheritance by XPN: if marriage is in articulo mortis
way of testamentary disposition, devise, legacy, a. Marriage is in articulo mortis
intestacy, or donation inter vivos. b. Dies within 3 mos.
Who are affected: c. Not lived together for 5 years
Legitimate/Illegitimate Child d. Person who dies is the sick spouse
Legitimate/Illegitimate Parent 16. Adopted Child – ½
Grandparents Illegitimate Child – ½ of the share of the
Legally adopted child adopted child
Remedy: Art. 854. 17. Legitimate Children (8) – 1/16 each
Illegitimate Child (1) – 1/36 – half of the
SHARES OF HEIRS: share of the legitimate child
1. Legitimate Children – ½ SS – same share of as of 1 leg. Child – 1/14
2. Legitimate Child (1) – ½ 18. Leg. Child (8) – 1/16 each
Surviving Spouse (SS)(1) – ¼ Adopted Child – 1/18
3. Legitimate Children (2) – ¼ Illegitimate Child – 1/36
SS – ¼ SS – same share as 1 leg. Child – 1/18
4. Legitimate Parents (2) – ½ (shared equally)
SS – ¼
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MIYOMALLOWS NOTES. WILLS AND SUCCESSION. MID TERMS. ATTY. TURINGAN. 1st 2017-2018

19. Legitimate Parent (1) – ½
SS – 1/8
Illegitimate Child – ¼
20. Legitimate Parent (1) – ½
SS – ¼
21. Legitimate Parent (1) – ½
Illegitimate Child – ¼
22. Adopted and leg. Child – ½ shared equally
SS – ¼
Illegtimate Child – ½ share of LC – 1/8
Leg. Or Illegimate Parents – none

Mahirap mabuo ang “ATTY.” Pero kapit lang, classmate, makakaraos din tayo.